BHP's COVID vaccine mandate at a NSW mine has been found unlawful. Will it have national implications?

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The Fair Work Commission says BHP's vaccine mandate at its Mt Arthur Coal mine was unlawful because workers weren't consulted properly, not because mandates are illegal.

Why weren't miners properly consulted?

"They were not provided with information relating to the reasons, rationale and data supporting the proposal, nor were they given a copy of the risk assessment or informed of the analysis that informed that assessment. The WHS Act is based on the work health and safety model laws, which have been enacted in all jurisdictions except Victoria and Western Australia.

"We note the decision from the Fair Work Commission, which acknowledges the risks presented by COVID-19 and has outlined that further consultation should occur," a BHP spokesperson said.

 

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There you go BHP trying to do something for the greater good is unlawful.

Nope they will just work in a way it should have been done in the first place, as the judge said. No biggie no drama no issue at all

HumanCausedGlobalWarming denierrhea vs. Anti-vax hysteria. Just close the whole operation.

Hope not

It's complete BS from those 30 CFMEU members. On Jun 25th 900 FIFO workers at Newmont's Tanami mine took off for all parts of Australia while 700 remained in lockdown as a result of an outbreak. It is they who have been selfish and unreasonable & prepared to risk their families.

You can't work in sewerage industry with hep A vax, most organisations send you home (or should) when you're sick because it's unsafe, but to deliberately put other employees at risk of covid because your 20 times more likely to spread the virus when unvaccinated is ok, NO!

The court found that it was the manner in which it was brought in that was a problem- they breeched their certified agreement obligations for consultation. The court was clear that had BHP intro'd the requirement after consutation, the outcome would have been different.

Doesn’t sound like it, if the obligation to consult isn’t in Vic & WA. So in other states companies that put in place a mandate just have to ensure they consulted. And not going to be relevant for states where state govt mandated it to be required to work.

Ok so what happens when all the vaccinated employees sue their employers for an unsafe workplace when they’re infected by the unvaccinated? How is it workable?

One can only hope

Good.

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